DATTATREYA Vs. MAHAVEER

JUDGEMENT

(1.) AS these appeals are filed by rival contesting parties against the same judgment dated 18-4-1996 passed by the learned single judge in w. p. No. 35394 of 1993 and subject-matter being the same, are heard together.

(2.) THE brief facts of the case are as follows : the land in dispute bearing sy. No. 1033/1+2 measuring 9 acres 11 guntas of belgaum belongs to chandramouleshwara temple of belgaum. The appellants in w. a. No. 9706 of 1996 (hereinafter referred to as 'wahivatdars') belong to the family of priests of temple and claim themselves the wahivatdars of the temple.

(3.) THE appellants in w. a. No. 6915 of 1996 (hereinafter referred to as 'tenants') who are brothers, claiming to be tenants of the land filed an application in form No. 7 for grant of occupancy rights under the Karnataka land reforms ACT as amended by ACT 10 of 1974. After duly notifying the wahivatdars, the land tribunal held an enquiry and by the Order dated 3-7-1979 in belgaum/temple/sr 225 granted occupancy rights to the tenants. This Order was challenged by the wahivatdars in w. p. No. 14033 of 1990 in this court. This court by Order dated 3-6-1991 dismissed the writ petition thereby confirming the Order of the land tribunal confirming occupancy rights to the tenants.